A citizen’s arrest is a concept that allows ordinary people—non-law enforcement individuals—to stop a person they believe is committing or has committed a crime. Although not frequently discussed in day-to-day life, there may be moments when you witness something unlawful and feel compelled to intervene. But before jumping into action, it’s important to understand when and how you can legally conduct a citizen’s arrest, as it comes with significant responsibilities and risks.
This article will explain the basics of citizen’s arrest, its history, the legal framework behind it, and the dangers involved, all in simple, layman’s terms for a U.S. audience.
What is a Citizen’s Arrest?
A citizen’s arrest is when a private individual detains another person because they believe that person has committed a crime. Unlike police officers, who have the authority to arrest based on probable cause, private citizens must follow stricter rules. The key element of a citizen’s arrest is that it should only be performed when necessary, and the situation must involve a crime. If the arrest is done incorrectly, the person making the arrest can face serious legal consequences.
While it might seem like a powerful tool, it’s not without its risks, which is why it’s important to understand when and how a citizen’s arrest is lawful and the limitations around it.
When Can You Legally Make a Citizen’s Arrest?
Laws regarding citizen’s arrests differ from state to state, but the general idea is fairly consistent. A citizen’s arrest can usually be made under these two circumstances:
If a Felony Has Been Committed
A felony is a serious crime that usually involves severe punishment, such as long prison sentences. Examples of felonies include robbery, assault with a deadly weapon, murder, and kidnapping. If you have reasonable grounds to believe that someone committed a felony, you may be able to make a citizen’s arrest—even if you didn’t personally witness the crime.
For example, let’s say you come across someone fleeing a building shortly after hearing a gunshot, and the person is carrying a gun. In this scenario, you may reasonably believe that person committed a serious crime, and a citizen’s arrest could be an option.
If a Crime Involves a Breach of the Peace
A breach of the peace is a disturbance that threatens public safety or tranquility. This could include things like public brawls, disorderly conduct, or violent behavior in public places. In these cases, you can only make a citizen’s arrest if you directly witness the act.
Imagine you’re walking down the street, and you see two people fighting in front of a crowded restaurant. In this case, if the fight is endangering others or causing a significant disruption, you may be able to intervene through a citizen’s arrest.
The Use of Reasonable Force
One of the most important aspects of conducting a citizen’s arrest is the concept of reasonable force. When you detain someone, you are only allowed to use the amount of force necessary to make the arrest possible, nothing more. This means that if a person is cooperative, you can’t rough them up or use excessive physical force. Likewise, in most states, you cannot use deadly force to stop someone, unless your life or the life of another person is in immediate danger.
For example, if you witness someone shoplifting, you may be able to restrain them until the police arrive. However, you cannot strike or injure the person unless they physically threaten you. If the shoplifter tries to flee, you can use minimal force to prevent them from escaping, but it’s crucial not to escalate the situation with unnecessary violence.
Risks and Consequences of a Citizen’s Arrest
Although it might seem like a good idea to stop a criminal in their tracks, making a citizen’s arrest comes with serious risks. If you make a mistake, you could face both civil and criminal liability.
Civil Liability
If you wrongly arrest someone who hasn’t actually committed a crime, they could sue you for false imprisonment, assault, or battery. This means you could be responsible for damages, and legal fees could pile up.
For instance, if you mistakenly arrest someone you thought was shoplifting but later find out they hadn’t committed any crime, you could be sued for falsely detaining that person, which could result in expensive lawsuits.
Criminal Liability
If bodily harm occurs during the arrest, you could face criminal charges such as assault or battery. In extreme cases, improper use of force during a citizen’s arrest could lead to charges of manslaughter or wrongful death if someone dies as a result of your actions.
A high-profile example of a citizen’s arrest gone wrong is the case of Ahmaud Arbery in Georgia. In 2020, three men attempted to conduct a citizen’s arrest on Arbery, believing he had committed a crime. They used deadly force, resulting in Arbery’s death. The men were later convicted of murder. This case highlights how a citizen’s arrest can spiral into tragedy and have severe legal consequences.
You May Be Arrested Yourself
If you improperly arrest someone or violate their rights, you could end up being arrested for false arrest or other related charges. Law enforcement officers undergo rigorous training to handle arrests safely and legally. Without that training, there’s a much higher chance of making a mistake.
Citizen’s Arrest vs. Law Enforcement Arrests
It’s important to understand the difference between a citizen’s arrest and a law enforcement officer’s arrest. Police officers are trained professionals who operate under the legal standard of probable cause, which means they only need reasonable grounds to believe someone committed a crime before making an arrest. Officers are also granted certain legal protections if they make an honest mistake while performing their duties.
By contrast, private citizens do not have the same level of legal protection. If you attempt a citizen’s arrest and you’re wrong about the crime, you can face legal action. The threshold for certainty is much higher for private citizens compared to law enforcement officers.
Best Practices if You Consider a Citizen’s Arrest
Before jumping into a situation where you might consider making a citizen’s arrest, it’s important to carefully assess the risks. Here are some steps you should take to protect yourself legally and physically:
- Call the Police First: Whenever possible, let law enforcement handle the situation. Police officers are trained to make arrests, and they have the authority and experience to de-escalate situations. Call 911 and provide as much detail as possible about what you witnessed.
- Be a Good Witness: If you witness a crime but cannot intervene safely, focus on observing and remembering key details about the suspect or the situation. This can include their appearance, clothing, vehicle, and direction of travel. Your information will be valuable to law enforcement when they arrive.
- Don’t Escalate the Situation: If you do attempt a citizen’s arrest, avoid using force unless absolutely necessary, and even then, only the minimal amount required. Don’t chase or pursue the suspect into dangerous situations. The priority should be safety—for both yourself and others.
- Know Your State’s Laws: Laws regarding citizen’s arrests vary widely between states, so it’s essential to familiarize yourself with the regulations in your jurisdiction. Some states have very strict rules about when and how a citizen’s arrest can be made. Check your state’s specific laws or consult an attorney if you are unsure.
Alternatives to Citizen’s Arrest
Sometimes, the best way to handle a situation is to avoid getting directly involved. If the situation isn’t immediately dangerous, calling the police and keeping a safe distance is often the best course of action. This protects you from both physical harm and legal trouble.
If you feel that the crime is minor or not worth risking your safety, it’s better to let professionals handle the situation. Being a good witness and providing accurate information to the police can be just as helpful in ensuring justice is served.
Conclusion
While the idea of making a citizen’s arrest might seem like an opportunity to step in and take control of a dangerous situation, it’s important to recognize the legal risks and potential consequences involved. Citizen’s arrests should be performed sparingly, only in cases where the crime is serious and immediate action is necessary.
If you ever find yourself in a situation where a citizen’s arrest seems appropriate, be sure to use caution, act within the limits of the law, and prioritize your own safety. In most cases, the best action you can take is to call the police and let trained law enforcement officers handle the situation.